Defense Attorneys Argue Some Malheur Charges Unconstitutional [View all]
by Conrad Wilson OPB
May 23, 2016 1:01 p.m.
U.S. District Court Judge Anna Brown heard arguments Monday morning that could lay the groundwork for the upcoming trial against 25 defendants who took over the Malheur National Wildlife Refuge.
Defense attorneys for the group argued that several of the counts against the occupiers should be thrown out ahead of the Sept. 7 trial.
Attorney Amy Baggio, who is representing Joseph O’Shaughnessy in the case, said the only charge levied against all of the occupiers — conspiracy to impede federal employees — is unconstitutional.
Baggio said the charge is too broad and allows the government to decide when a government employee is being impeded. She said the charge places a “sphere of protection” around government workers, which Baggio argued has the potential to create a chilling effect on political protests at government offices, thus violating the First Amendment rights of protesters ...
http://www.opb.org/news/series/burns-oregon-standoff-bundy-militia-news-updates/defense-malheur-refuge-occupation-charges-unconstitutional/
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